Winston-Salem, N.C., June 11—At 9:45 this morning the jury which is to decide the fate of Dr. J.W. Peacock, for the murder of Chief of Police J.E. Taylor at Thomasville, April 16, marched into the Davidson county courtroom at Lexington, and asked Judge Fenley, presiding, to have the evidence and cross-examination of three alienists, witnesses for the defendant, Dr. Albert Anderson of Raleigh, Dr. Isaac Taylor of Morganton, and Dr. J.K. Hall of Richmond, Va., read to them. The stenographer, having only her notes, was instructed to write them out. This will require several hours, therefore the request of the jurors cannot be complied with before late this afternoon. It is reported in Lexington that 11 of the jurors voted for murder in the second degree and that to satisfy the 12th man it was decided to have the evidence and cross-examination of the three alienists re-read.
The fifth day of the sensational trial was consumed in arguments by the attorneys. Clyde Hoey, for the state, and John Parker of Monroe, for the defense, delivered the principal addresses. Both men held the attention of the audience throughout the four hours they held forth. Mr. Hoey probably never delivered a more eloquent address in his long career as an attorney. Veterans of the bar declared after the Shelby man sat down that it was one of the most powerful speeches they had ever listened to. Mr. Parker made a magnificent appeal in behalf of his client.
Judge Finley in his charge told the jury that it could return a verdict of first degree murder, second degree murder or acquittal. He impressed upon the jurors the supreme importance of arriving at their verdict solely through the evidence offered during the trial and not by any sympathy or other extraneous matter that might have worked into the trial.
A verdict of first degree murder means electrocution; second degree, a term in the state penitentiary from two to 30 years. Throughout the trial very little has been said about second degree murder and the judge made mention of the fact.
In view of the fact that the defense has so strenuously presented their client as a paranoic, it is believed, and on good authority, that if the jury returns a verdict of not guilty, Judge Finley will hold the prisoner and make an investigation of his mentality and if he is found to be insane now he will be committed to the state insane asylum. Experts have testified that Peacock is an insane man now.
The law provides that where a prisoner is found not guilty of a crime owing to insanity at the time of commission, the court may hold him and investigate his mental condition.
Judge Finley’s charge to the jury was brief and to the point, covering every phase of the famous trial. He talked for over 30 minutes. The contentions of the state and the defense were set out in unmistakable language.
In order to reach a verdict of first degree murder, Judge Finley told the jury that it must find that the homicide was committed willfully, deliberately and premeditatedly; he interpreted the meaning of these three words, leaving no doubt in the minds of the jurors as to their meaning.
“If the state,” said the jurist, “has satisfied you that the defendant killed the deceased willfully, deliberately and premeditatedly, with malice and forethought, then it is your duty to consider it murder in the first degree unless the defendant has satisfied you that he wasn’t capable of knowing right from wrong at the time of the act.” The burden of the proof lies on the defendant to show that he was irresponsible mentally of the homicide.
From the front page of The Charlotte News, Saturday, June 11, 1921. An alienist is an old-fashioned term for psychiatrist.
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